The hurt of any person, and in such

The section requires that any person guilty of committing lurking house-trespass by night or house-breaking by night must, at the time of committing such offence, either voluntarily cause or attempt to cause death or grievous hurt of any person, and in such a situation every person who is jointly concerned in committing such lurking house- trespass by night or house-breaking by night is guilty under this section. The provision is a principle of constructive liability.

The offence under this section is very serious as is apparent from the quantum of penalty prescribed. The use of the words ‘guilty of such offence’ shows that the offence of lurking house-trespass by night or house-breaking by night must have been committed by the offender. A person actually committing murder in the course of committing lurking house-trespass by night or house-breaking by night would be punishable under section 302 of the Code. The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.

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